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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 
Janice Mitchell Mintz, Chairwoman
Margaret E. L. Howard
Judith L. Shaw
Julius J. Mastro

A regular meeting of the Merit System Board was held on
Tuesday, January 26, 1999 in Trenton, New Jersey.

PRESENT: Chairwoman Janice Mitchell Mintz; Merit System
Board Members, Margaret E. L. Howard, Judith L. Shaw and Julius
J. Mastro; Andrea Grundfest, Deputy Attorney General; Henry
Maurer, Director, Elizabeth A. Napolitano and Sybil Janowitch,
Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Janice Mitchell Mintz,
Chairwoman, Merit System Board, opened the meeting with the
following statement:

Notice of this Meeting was filed with the Secretary of
State and sent to the Trentonian, Trenton Times,
Courier-Post and Star Ledger on November 30, 1998 and
posted at the Department of Personnel, 3 Station Plaza,
Trenton, New Jersey.

All other actions were by unanimous vote unless otherwise
specified.

Confidential Appointments

The Merit System Board recorded the following Confidential
Appointment under N.J.S.A. 11A:3-4(h):


TO: Merit System Board DATE: January 26, 1999

FROM: Arthur E. Brown, Jr.,
Assistant Commissioner
State and Local Operations

SUBJECT: Confidential Appointment Under N.J.S.A. 11A:3-4(h)


Department of Environmental Protection


Maureen A. McAndrew appointed as Confidential Assistant
effective September 21, 1998, salary of $ 60,000.00 per annum.
Position is in the Unclassified Service under N.J.S.A.
11A:3-4(h).

Verification has been made of the number of positions allocated
and the number of persons holding Confidential Appointments in
this agency and Commissioner Robert C. Shinn, Jr. is authorized
to make the subject appointment.


Recommendation: Record appointment in the Unclassified Service
under N.J.S.A. 11A:3-4(h)

The appointment of this Confidential Assistant does not exceed
the entitlement authorized under N.J.S.A. 11A:3-4(h).
Replacing Jeanne Mroczko - vacated position effective February
14, 1997

WITHDRAWAL OF APPEALS

The following appeals were withdrawn and removed from the hearing
calendar:

Linda Boykin, Graduate Nurse, Department of Corrections, County
of Hudson, suspension.

Eugene Murrell, Institutional Attendant, Morris View Nursing
Home, Morris County, suspension.

Cynthia Perry, Senior School Clerk, School District, City of
Newark, suspension.

Shia Podeszwa, Head Nurse, Department of Military & Veterans
Affairs, removal.

Matthew Tarasewicz, County Correction Officer, County Jail,
Burlington County, suspension.

Faith Willis, Income Maintenance Specialist, Welfare Board,
County of Warren, (2) suspensions and fine.

DISMISSAL OF APPEALS - FAILURE TO APPEAL

The Merit System Board dismissed the following cases without
prejudice for failure to appear at the scheduled hearing before
the Office of Administrative Law:

John Filardo, Truck Driver, Single Axle, Department of
Transportation, Human Resources, removal.

Margaret Huggins, Senior Security Guard, Department of Human
Resource Services, School District, City of Newark, removal.

Leone Mancini, Senior Correction Officer, Department of
Corrections, East Jersey State Prison, suspension.

Nancy Rutkowski, Therapy Program Assistant (Recreation), Military
and Veterans Affairs, reassignment due to reduction-in-force.

SECTION A - HEARING MATTERS


A-1 SETTLEMENTS

In the Matter of Thomas Britton
Town of Kearny
Suspension

In the Matter of Geraldine Butler
State Operated School District of the City of Newark
Suspension

In the Matter of Alan Campi
The Judiciary, Mercer Vicinage
Suspension

In the Matter of Concetta B. Caponegra
Newark Board of Education
Removal

In the Matter of Silas Davis
Gloucester County
Removal

In the Matter of Richard Harry
Burlington County Jail - Burlington County
Removal

In the Matter of Donald Hildreth
Jersey City Board of Education
Suspension

In the Matter of Joann Long
New Lisbon Developmental Center
Department of Human Services
Suspension

In the Matter of Margo S. Masciantoni
New Lisbon Developmental Center
Department of Human Services
Suspension

In the Matter of Delores McBride
Cumberland County
Suspension

In the Matter of Earl Polhamus
Woodbine Developmental Center
Department of Human Services
Suspension

In the Matter of Thomas Pray
New Jersey State Prison
Department of Corrections
Suspension

In the Matter of Joseph Tucker
Department of Public Safety - Mercer County
Suspension

In the Matter of Ian Wildman
Judiciary
Release at the End of Working Test Period

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES
- SETTLEMENT


ACTION: The Merit System Board acknowledged the
settlements with the exception of Margo S.
Masciantoni, which was held over.

A-2 KEITH MCGOUGH

Keith McGough, Mechanic's Helper, Ancora Psychiatric
Hospital, Department of Human Services, layoff effective May
22, 1998, due to reduction in force - "Good faith issue
only."

Recommendation of the Administrative Law Judge - Uphold the
layoff.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-3 ROBERT SCOULER

Robert Scouler, Construction Official, Department of
Development and Planning, City of Camden, suspension for
thirty days beginning December 8, 1997, on charges of
insubordination and neglect of duty.

Recommendation of the Administrative Law Judge - Dismiss the
appeal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge to dismiss the appeal.

A-4 ALICE TROCHE

Alice Troche, Teacher Aide, State-Operated School - District
of Jersey City, suspension for five months beginning January
27, 1997 and ending June 30, 1997, on charges of neglect of
duty and conduct unbecoming an employee in the public
service.

Recommendation of the Administrative Law Judge - Reverse the
suspension and award back pay for the period from January
27, 1997, to the date of reinstatement.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a one month
suspension.

A-5 OPAL WRIGHT

Opal Wright, Examination Technician, Motor Vehicles,
Division of Motor Vehicles, Department of Transportation,
suspension for 10 days beginning June 16, 1997, and ending
June 27, 1997, on charges of insubordination, and removal
effective November 21, 1997, on charges of tardiness.

Recommendation of the Administrative Law Judge - Uphold the
suspension and removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-6 IYANA BYRD

Iyana Byrd, Human Services Assistant, Vineland Developmental
Center, Department of Human Services, removal effective
October 30, 1997, on charges of physical abuse of a client.

Recommendation of the Administrative Law Judge - Reverse the
removal.

ACTION: The Merit System Board directed that this matter
be held over.

A-7 SHEILA GREEN

Sheila Green, Senior Correction Officer, New Jersey State
Prison, Department of Corrections, removal effective May 30,
1997, on charges of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-8 JOSEPH GUZIEWICZ

Joseph Guziewicz, Building Maintenance Worker, Department of
Public Works, Mount Holly Township, removal effective
September 6, 1997, on charges of incompetency, inefficiency
and failure to perform duties and neglect of duty.

Recommendation of the Administrative Law Judge - Reverse the
removal.

ACTION: The Merit System Board modified the recommendation
of the Administrative Law Judge to a five day suspension.

A-9 CATHERINE KAUFFMAN

Catherine Kauffman, Program Director, Department of Alcohol
Services - Cumberland County, removal effective August 4,
1997, on charges of incompetency, inefficiency, or failure
to perform duties, neglect of duty and misuse of public
property.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.

A-10 LAWRENCE ZAMENSKY

Lawrence Zamensky, Senior Correction Officer, Garden State
Reception and Youth Correctional Facility, Department of
Corrections, removal effective July 13, 1994, on charges of
conduct unbecoming a public employee. The Board at its
meeting on December 8, 1998, reviewed the initial decision
and directed that this matter be held over.

Recommendation of the Administrative Law Judge - Uphold the
removal.

ACTION: The Merit System Board affirmed the recommendation
of the Administrative Law Judge.


SECTION B - MISCELLANEOUS MATTERS

B-1 ROBERT F. GEYER

Robert F. Geyer, represented by Michael J. Herbert, Esq.,
appeals his rejection as a Police Officer candidate by the
City of Jersey City and its request to remove his name from
the eligible list for Police Officer on the basis of
psychological unfitness to perform effectively the duties of
the position.

ACTION: The Merit System Board directed that this appeal
be denied.

B-2 JOHN MESCAVAGE

John Mescavage, represented by Susan Ferraro, Esq., appeals
his rejection as a County Correction Officer candidate by
the County of Hudson and its request to remove his name from
the eligible list for County Correction Officer on the basis
of psychological unfitness to perform effectively the duties
of the position.

ACTION: The Merit System Board directed that the appellant
be referred to the Medical Review Panel for an
independent evaluation.

B-3 DEMETRIOS ANASTASATOS

Demetrios Anastasatos appeals his rejection as a Correction
Officer Recruit candidate by the Department of Corrections
and its request to remove his name from the eligible list
for Correction Officer Recruit on the basis of psychological
unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal
be denied.


B-4 KEITH SORENSON

Keith Sorenson, a Field Monitor 2, Division of Motor
Vehicles, with the Department of Transportation, appeals the
denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal
be denied.

B-5 IRIS ALLISON

Iris Allison appeals the decision of the Certification Unit
which found that the Department of Corrections had presented
a sufficient basis to remove her name from the Correction
Officer Recruit (S9673P) eligible list.

ACTION: The Merit System Board directed that this appeal
be denied.

B-6 STEVEN DILKS

Steven Dilks, represented by Michael Miller, Esq., appeals
the decision of Human Resource Information Systems which
found that the City of Camden had presented a sufficient
basis to remove his name from the Police Officer (M1836M)
eligible list.

ACTION: The Merit System Board directed that this appeal
be denied.

B-7 SHARON GREENE

Sharon Greene appeals the decision of the Certification Unit
which determined that the Department of Corrections had
presented a sufficient basis to remove her name from the
Correction Officer Recruit (S9564J) priority hiring list.

ACTION: The Merit System Board directed that this appeal
be denied.

B-8 CARL L. GREEN, SR.

Carl L. Green, Sr., a Probation Officer with the Judiciary,
Essex Vicinage, represented by Craig S. Gumpel, Esq.,
petitions the Merit System Board to reconsider its final
decision dismissing his appeal without prejudice based on
his failure to pursue.

ACTION: The Merit System Board granted the request for
reconsideration and directed that the matter be
transmitted to the Office of Administrative Law for a hearing.

B-9 ANTHONY L. JACKSON

Anthony L. Jackson, Police Officer, Elizabeth, represented
by Robert V. Baer, Esq., petitions the Merit System Board
for reconsideration of the final administrative decision
issued October 19, 1998, which denied his request for a
hearing in regard to his removal, effective February 27,
1998 on charges.

ACTION: The Merit System Board granted the request for
reconsideration and directed that the matter be
transmitted to the Office of Administrative Law for a hearing.

B-10 BARBARA A. KNIER

The appeal of Barbara A. Knier, a Practical Nurse, County of
Monmouth, removal effective April 18, 1997, on charges, was
heard by Administrative Law Judge Joseph F. Martone, who
rendered his initial decision on December 2, 1998
acknowledging a settlement. The Merit System Board (Board),
at its meeting of January 12, 1999, affirmed the ALJ's
recommendation acknowledging the settlement.

ACTION: The Merit System Board adopted the final decision.

B-11 ROBERT HAMMOND

Robert Hammond, a County Correction Officer, Monmouth County
Jail, Monmouth County, represented by Edward C. Bertucio,
Jr., Esq., requests enforcement of that part of the Merit
System Board decision rendered on January 14, 1997, granting
him counsel fees.

ACTION: The Merit System Board granted the request in part
and ordered the appointing authority to pay counsel fees in
the amount of $5194.00.

B-12 ENGINEERING AIDE (M2875R), CITY OF JERSEY CITY

The appointing authority requests permission not to make an
appointment from the certification for Engineering Aide
(M2875R), City of Jersey City.

ACTION: The Merit System Board granted the appointment
waiver and assessed compliance costs of $1000.00.

B-13 SENIOR ACCOUNT CLERK (M0197T), CITY OF JERSEY CITY

The appointing authority requests permission not to make an
appointment from the certification for Senior Account Clerk
(M0197T), City of Jersey City.

ACTION: The Merit System Board denied the request and
assessed $250.00 in compliance costs.

B-14 SENIOR DOCKET CLERK, BILINGUAL IN SPANISH AND ENGLISH
(M0447T), CITY OF CLIFTON


The appointing authority requests permission not to make an
appointment from the certification for Senior Docket Clerk,
Bilingual in Spanish and English (M0447T), City of Clifton.

ACTION: The Merit System Board granted the request and did
not assess costs.

B-15 MONICA BROWER

Monica Brower appeals her ineligibility for the Police
Sergeant (PM0979W), promotional examination for the City of
Atlantic City.

ACTION: The Merit System Board directed that this appeal
be denied.

B-16 TIMOTHY J. BRUNETTA AND DONALD S. FELICE

Timothy J. Brunetta, represented by A. Michael Baker, Esq.,
and Donald S. Felice, represented by Stuart J. Alterman,
Esq., appeal the determination of the Division of Human
Resource Management which found that Mr. Brunetta was
ineligible for the promotional examination for Police
Sergeant (PM0972W), Vineland, and Mr. Felice was ineligible
for the promotional examination for Police Sergeant
(PM0955W), Millville.

ACTION: The Merit System Board directed that these appeals
be denied.

B-17 HOLLIE A. CUTTINO

Hollie A. Cuttino appeals the determination of the Division
of Selection Services that she failed the examination for
Municipal Court Administrator (PM2071T), East Orange.

ACTION: The Merit System Board directed that this appeal
be denied.

B-18 ERNESTINA GIBLIN

Ernestina Giblin appeals the determination of the Division
of Selection Services which found that she did not meet the
experience requirements for the promotional examination for
Administrative Analyst 2, (PS5693T), Department of
Transportation.

ACTION: The Merit System Board directed that this appeal
be granted.

B-19 EDWARD H. RAMSEY

Edward Ramsey appeals his ineligibility for the Police
Sergeant (PM0975W), promotional examination for the City of
Wildwood.

ACTION: The Merit System Board directed that this appeal
be denied.

B-20 ROSA M. RODRIGUEZ

Rosa M. Rodriguez appeals the decision of the Division of
Selection Services which found that appellant did not meet
the experience requirements for the open competitive
examination for Welfare Interviewer (M5238S), City of
Vineland.

ACTION: The Merit System Board directed that this appeal
be denied.

B-21 PHILIP E. SAVOIE

Philip E. Savoie appeals the determination of the Division
of Human Resource Management which found that he was
ineligible for the promotional examination for Principal
Environmental Specialist, Air Pollution Control (PW006G),
Environmental Protection.

ACTION: The Merit System Board directed that this appeal
be denied.

B-22 GUY M. TARGONSKI

Guy M. Targonski appeals the determination of the Division
of Selection Services, which found that he did not meet the
experience requirements for the promotional examination for
Supervisor Public Works (PM3415V), Sayreville Borough.

ACTION: The Merit System Board directed that this appeal
be denied.

B-23 MICHAEL J. MASTANDUNO

Michael Mastanduno requests that his name be placed on the
Fire Fighter (M0796U), Woodbridge, open-competitive
employment list which was limited only to the volunteer
members of the Woodbridge Township Fire District #1 who had
two years of active service as a volunteer.

ACTION: The Merit System Board granted the request.

B-24 VINCENT E. BAGLIVO, ET AL.

Vincent E. Baglivo, Nicholas P. Katkic, Arthur E. Marchione
and Donald S. Matlack appeal the scoring and/or
administration of the promotional examinations for Project
Engineer Construction (PS2485T and PS4999T), Department of
Transportation. These appeals have been consolidated due to
common issues.

ACTION: The Merit System Board directed that these appeals
be denied.

B-25 HAROLD PRYOR AND JUAN SANTANA

Harold Pryor and Juan Santana appeal their failing test
scores on the promotional examination for Supervisor Trades
(PM4009V), Newark School District.

ACTION: The Merit System Board directed that these appeals
be denied.

B-26 EXECUTIVE ASSISTANT PUBLIC SAFETY, HUDSON COUNTY

Lawrence Henderson, Hudson County Personnel Director,
requests that the provisions of N.J.A.C. 4A:4-2.4(c) be
relaxed to reduce the three years of experience requirement
to one year for the next announcement for Executive
Assistant Public Safety, Hudson County.

ACTION: The Merit System Board granted the request.

B-27 PROPOSED REACSCTION OF RULE N.J.A.C. 4A:3, CLASSIFICATION,
SERVICES AND COMPENSATION

It is recommended that the proposed readoption of rule
N.J.A.C. 4A:3, Classification Services and Compensation be
readopted without change.

ACTION: The Merit System Board readopted the rule chapter
without change.

B-28 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of January
12, 1999 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its
meeting of January 12, 1999.

B-29 JOZANNE LABRACCIO

Jozanne LaBraccio, Home Instructor, Commission for the Blind
and Visually Impaired, Department of Human Services,
represented by Bernice Zickwolf, Staff Representative, CWA
Local 1039, requests interim relief in regard to her
immediate suspension.

ACTION: The Merit System Board denied the request.

B-30 DENNIS NAGY

Dennis Nagy, a Deputy Police Chief with the Carteret Borough
Police Department, represented by A.J. Fusco, Jr., Esq.,
requests interim relief in regard to his immediate
suspension without pay effective January 7, 1999.

ACTION: The Merit System Board denied the request.

B-31 DIANE MURPHY

The appeal of Diane Murphy, Supervisor of Legal Secretarial
Services, Division of Criminal Justice, Department of Law
and Public Safety, concerning her removal, effective
February 25, 1997, on charges, was heard by Administrative
Law Judge Solomon A. Metzger (ALJ), who rendered his initial
decision on October 20, 1998. The Merit System Board, at
its meeting on January 12, 1999, affirmed the decision of
the ALJ and modified the removal to a five-day suspension.

ACTION: The Merit System Board adopted the final decision.

B-32 LINDA SIBILIA

The appeal of Linda Sibilia, Head Nurse, New Jersey Veterans
Memorial Home at Vineland, Department of Military and
Veterans Affairs, concerning her removal on charges was
heard by Administrative Law Judge Lillard E. Law, who
rendered his initial decision on July 9, 1998. At its
meeting of January 12, 1999, the Merit System Board affirmed
the ALJ's recommendation to uphold the removal.

ACTION: The Merit System Board adopted the final decision.

VOTE Janice Mitchell Mintz (Yes)
Margaret E. L. Howard (Yes)
Judith L. Shaw (Yes)
Julius J. Mastro (No)

B-33 GABRIEL ANGEMI, ET AL.

Gabriel Angemi et al., represented by Michael Miller, Esq.,
request interlocutory review of the December 17, 1998 letter
ruling and order of Administrative Law Judge Steven C.
Reback regarding their appeal on the Fire Fighter (M9064S),
City of Camden eligible list, which was transmitted to the
Office of Administrative Law by the Department of Personnel.

ACTION: The Merit System Board granted the request and
modified the order.

B-34 MARK R. LORENZ

Mark R. Lorenz, represented by Vincenza Leonelli-Spina,
Esq., appeals his score on the promotional examination for
Fire Captain (PM1192T), Weehawken.

ACTION: The Merit System Board directed that this appeal
be denied.

B-35 JAMES J. MCDONOUGH

James J. McDonough appeals his score on the promotional
examination for Fire Captain (PM1192T), Weehawken.

ACTION: The Merit System Board directed that this appeal
be granted in part.

B-36 CHILD CARE QUALITY ASSURANCE TITLE SERIES

The Director, Division of Human Resource Management,
requests that N.J.A.C. 4A:4-7.6, lateral title change
criteria, be relaxed in order to implement the consolidation
of seven Department of Human Services, Division of Youth and
Family Services titles into the three-level Child Care
Quality Assurance title series.

ACTION: The Merit System Board granted the request.

B-37 EARLY SETTLEMENTS

Marilyn Hall
Trenton Psychiatric Hospital
Department of Human Services
10-day suspension

Babatunde Olaniyan
Greystone Park Psychiatric Hospital
Department of Human Services
10-day suspension

Debra Worth
County of Mercer
15 day suspension

ACTION: The Merit System Board acknowledged the
settlements.

There being no further business before the Merit System Board,
the meeting was adjourned to convene on Tuesday, February 9,
1999, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

_______________________________
JANICE MITCHELL MINTZ
CHAIRWOMAN
MERIT SYSTEM BOARD
 
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